MANILA – The Department of Justice (DOJ) on Tuesday said the government has not ruled out surrendering Sen. Ronald “Bato” Dela Rosa to the International Criminal Court (ICC) if an arrest warrant is issued, clarifying that it remains a faster and legally viable alternative to extradition.
Chief State Counsel Dennis Chan emphasized that the Philippines retains the discretion to choose between surrender or extradition under Republic Act No. 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
“To close the door on one option and just focus entirely on extradition is limiting the state’s discretion,” Chan said, explaining that surrender proceedings would be “definitely shorter,” while extradition “may take months.”
The statement came after Executive Secretary Lucas Bersamin earlier said Dela Rosa would not be automatically turned over to the ICC.
Prosecutor General Richard Anthony Fadullon said the government is prepared to cooperate if a formal request is transmitted through the proper channels.
“I believe we will have to comply,” Fadullon said, adding that no official request or warrant has yet been received from the ICC or the International Criminal Police Organization (Interpol).
The clarification followed Ombudsman Jesus Crispin Remulla’s claim that the ICC had already issued a warrant for Dela Rosa’s arrest—an assertion the DOJ is still verifying.
Fadullon stressed that any government action will be guided by pending Supreme Court petitions questioning the ICC’s jurisdiction and authority to enforce arrest orders.
“We want to be more careful this time… as a courtesy to the Supreme Court, we would prefer to await the resolution of those petitions,” he noted.
Chan further explained that an extradition process would face complications since the Philippines has no existing extradition treaty with the ICC, although the court could still qualify as a requesting authority.
“If they come up with a request for extradition, wala tayong treaty to begin with ICC to process that,” he said.
Dela Rosa, a former Philippine National Police chief and a key figure in former President Rodrigo Duterte’s “war on drugs,” is among those accused by the ICC of crimes against humanity. Duterte himself has been detained in The Hague, Netherlands, since March to face related charges./PN
